OLIVER CHIPERESA and LYOBA CHIPERESA versus LOVEMORE TANYANYIWA MADZIKANDA and THE SHERIFF, HARARE and THE REGISTRAR OF DEEDS

Harare High Court · HH 590-17 · 09 2017

At the hearing of this matter, and in his heads of argument the first respondent raised two points in limine. The first point in limine being that there is material disputes of facts which cannot be resolved on papers. He…

MOREBLESSING CHITIYO and KUMBIRAI ISAAC SIDUNA versus JOCKSTAR INVESTMENTS LIMITED

Harare High Court · HH 589-17 · 09 2017

On 24 March 2015 the applicants and the respondents entered into an agreement of sale of a residential property called Stand Number 2537 of Zisalisali Lot 4, measuring 2000 square metres, held under Deed of Transfer Number 5126/2009 at a…

MUNYARADZI MUKATSA and THE STATE

Harare High Court · HH 586-17 · 09 2017

This is a seemingly very simple case of theft in terms of section 113 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

ROSELYNE GRENNY MANGOTA versus DAVID MANGOTA and HONOURABLE JUSTICE TAGU N.O. and HONOURABLE JUDGE PRESIDENT JUSTICE CHIWESHE N.O.

Harare High Court · HH 585-17 · 09 2017

This is a two pronged chamber application for recusal. The first prong being the failure to follow normal allocation channels by the Judge President. The second prong is the proximity of the Plaintiff to the trial Judge in the main…

KIM BIRKETOFT versus THOMAS VALLANCE

Harare High Court · HH 584-17 · 09 2017

On the 23 April 2015, the plaintiff sued the defendant for damages in the sum of US$11 700.00 and costs of suit. In the suit, the plaintiff alleged that sometime in February 2014, he engaged the services of the defendant…

THE SHERIFF OF THE HIGH COURT versus CITY OF HARARE and RICHARD CHITAMBO

Harare High Court · HH 576-17 · 09 2017

The current application was enrolled before me on the unopposed roll. After I had heard the parties in their respective arguments, I delivered an ex tempore judgment in which I declared the immoveable property which had been attached in order…

BRIAN ANDREW CAWOOD [No.2] versus ELASTO MADZINGIRA and MINISTER OF LANDS & RURAL RESETTLEMENT

Masvingo High Court · HMA 47-17 · 09 2017

On 31 May 2017 we dismissed the appellant’s appeal with costs. We promised to provide our reasons within fourteen days. Regrettably, the period proved too ambitious. We had not reckoned with a workload build-up in the days that followed.

THE STATE versus TINASHE KARONGA

Harare High Court · HH 604-17 · 09 2017

The accused was charged with murder. On 19 March 2016 he threw a stone at the deceased who succumbed to his injuries on 21 March 2016.

TREASURE CONSULTANCY (PRIVATE) LIMITED versus MASVINGO CITY COUNCIL and INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE HIGH COURT OF ZIMBABWE BERE J HARARE 14 and 19th of MARCH 2012

Harare High Court · HH 246-2012 · 09 2017

On 26 March 2011 the Applicant filed an application in this Court seeking the following order: “IT IS HEREBY ORDERED THAT: 1. The Agreement of Sale that was entered into between the City of Masvingo and Treasure Consultants (Private) Limited,…

STATE versus EDDINGTON CLEOPAS RUGARA and CHIKEREMA MANYERERE

Harare High Court · HH 582-17 · 08 2017

The two accused were charged with one count of unlawful entry into premises under aggravating circumstances in terms of s 131 (1) (a) as read with s 131 (2) of the Criminal Code, and one count of murder in terms…

STATE versus BOWEN SAMASUWO

Harare High Court · HH 583-17 · 08 2017

The accused Bowen Samasuwo pleaded not guilty to murder. The allegation by the state was that on the 18th of August 2009, at Bury hill farm in Banket, he unlawfully and with intent to kill, or realising that his conduct…

PATRICK KUPENGA versus THE STATE

Harare High Court · HH 573-17 · 08 2017

Appellant was convicted of one count of theft of property which belonged to a partnership, which property was worth US59, 000-00. He was sentenced to a pay a fine of US$600-00 or in default of payment, to serve a term…

ZVIMBA RURAL DISTRICT COUNCIL versus THE REGISTRAR OF DEEDS and RYDALE RIDGE PARK (PRIVATE) LIMITED

Harare High Court · HH 572-17 · 08 2017

This application was brought to me on an urgent basis. The applicant seeks the following relief: “TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following…

PRECIOUS CHIPUNZA versus MOSLEY MASHINGAIDZE and THE COMMISSIONER GENERAL OF ZIMBABWE REVENUE AUTHORITY and ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 571-17 · 08 2017

This chamber application is made pursuant to s 34A of the Revenue Authority Act, [Chapter 23:11] as read with s 62 of the Constitution, 2013.

MADZ CONTRACTORS (PVT) LIMITED versus THE SHERIFF OF ZIMBABWE and NATIONAL EMPLOYMENT COUNCIL FOR CONSTRUCTION INDUSTRY

Harare High Court · HH 569-17 · 08 2017

The applicant filed a chamber application seeking the following relief as set out in its draft order; “TERMS OF FINAL ORDER SOUGHT That the respondents show cause to this Honourable Court on the return date why a final order not…

PETER MUFUNDA and BENSON SHUMBA and ISAAC MAHACHI and JAQUELINE TAKURE and EMMANUEL MAKARIPE and GILBERT GOZHO and LAINA CHIKODZI versus CHITUNGWIZA MUNICIPALITY and CHIGUMETE and ALFRED TOME and MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND NATIONAL HOUSING and MINISTER OF LANDS AND RURAL RESETTLEMENT

Harare High Court · HH 568-17 · 08 2017

This matter appears listed as one where judgment has been pending since 4 December 2015. It is necessary to put the circumstances of how the matter has remained in my chambers since it was argued on 4 December, 2015 into…

TRUST BANK CORPORATION LIMITED IN LIQUIDATION (Represented herein by John Mafungei Chikura in his capacity as the Liquidator) versus DICK PARADZAI UTSIWEGOTA N.O (In his capacity as Executor Dative of The Estate Late Tobias Utsiwegota

Harare High Court · HH 566-17 · 08 2017

The facts of this matter being common cause the counsels agreed to proceed by way of a stated case. The statement of agreed facts outlines the facts as follows. By written agreement dated the 15th of February 2012, the plaintiff…

SHEPHERD ZUZE And LEVITICUS DEMBEDZA And PAUL LINO And TENDAI SABURINYO versus CO-MINISTERS OF HOME AFFAIRS (N.O) And COMMISSIONER GENERAL OF POLICE And SERGENT MUTINGONDO

Harare High Court · HH 565-17 · 08 2017

The plaintiffs’ claim is for delictual damages in the sum of $200 000.00 for each one of them against the defendants.

CHIWA CHIPWERE versus MANYAME MILLING COMPANY (PVT) LTD

Harare High Court · HH 564-17 · 08 2017

This is an application for the determination of the special plea of prescription and for absolution from the instance at the close of the plaintiff’s case.

SHEPHARD MATUTE versus THE STATE

Harare High Court · HH 560-17 · 08 2017

After a fully contested trial the appellant was convicted of one count of fraud in contravention of section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], and the second count for contravening s 60 (A) (3) (b)…